This document answers any questions you may have if a severance agreement is offered to you in exchange for waiving your real or potential rights to discrimination. Part II contains basic information on severance agreements; Part III indicates the validity date of the waiver; and Part IV deals specifically with the exception of age discrimination rights, which must comply with the provisions of the Seniors Protection Act (OWBPA). Finally, this document contains a checklist with advice on what to do before signing a waiver in a severance agreement, as well as a sample of an agreement offered to a group of employees that gives them the opportunity to withdraw in exchange for severance pay. About one-third of employers who have signed severance agreements pay a minimum of two weeks. 20% offer at least one month`s salary. Source: WorldatWork, Severance and Control Plans (2014). The publication generally covers both known and unknown claims, but some states such as California require some legal language to renounce unknown claims. The conditions for releasing claims differ from state and land, so be sure to seek a lawyer`s lawyer in your state or nation to ensure your legal compliance. The information highlighted in this article uses Michigan Release of the Basic Rules claim. Employers should consider correctly describing “the class, unit or group of people covered by such a program [the severance pay and release],” known as the “decision unit.” The decision-making unit is essentially the group of workers from whom the employer chooses the persons who are required to resign and thus participates in the separation program. The OWBPA rules provide examples of potential decision units.

The risk is that the choice of a manifestly inappropriate decision-making entity will invalidate the abandonment of the rights to discrimination on the basis of age. The compensation agreement will likely also recognize that any confidentiality and invention transfer agreement previously signed by the staff member will remain fully in force and will remain effective. Most employees who sign waivers in severance agreements never seek to challenge them. However, some laid-off workers may feel that they have no choice but to sign the waiver when they suspect discrimination or may learn something after signing the waiver that leads them to believe that they have been discriminated against or wrongly dismissed during the employment. The existence of a “program” depends on the facts and circumstances of each case; But the general rule is that there is a “program” when an employer offers additional consideration – or an incentive to leave – in exchange for signing a waiver declaration to more than one employee. [30] On the other hand, if a large employer has laid off five employees in different units (for example. B poor performance) over several days or months, it is unlikely that a “program” exists.